Caledonia Gas And Storage
First Revised Volume No. 1
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Effective Date: 09/30/2010, Docket: RP10-1032-000, Status: Effective
Original Sheet No. 124 Original Sheet No. 124
29. DISPUTE RESOLUTION PROCEDURES
29.1 Any Customer may make a written complaint to Caledonia regarding
any dispute between Customer and Caledonia arising under this Gas
Tariff. Such notice shall be addressed to the person and address
identified within Section 17 of the General Terms and Condition of
this Gas Tariff. Customer must specify a reason for the dispute.
Within two (2) Business Days of receiving a complaint, Caledonia shall
provide an initial response to complainant, acknowledging receipt of
the complaint and requesting further information as appropriate.
Within 30 days after receipt of Customer’s complaint, Caledonia shall
review the complaint and provide a written decision to the complainant
addressing each element thereof and, where appropriate, recommend a
course of action. In the event the required date of Caledonia’s
response falls on a Saturday, Sunday or a holiday that affects
Caledonia, Caledonia shall respond by the following Business Day. In
the event the complainant disagrees with this determination and makes
a written request for reconsideration or clarification, specifying
each reason the complainant disagrees with the initial determination,
Caledonia shall consider such request and within 30 days after receipt
thereof shall render its final written decision to complainant,
addressing each element thereof and, where appropriate recommending a
course of action.
30. LIMITATION OF LIABILITY
30.1 Notwithstanding any provision of the Service Agreement or this
FERC Gas Tariff, no Party, its Affiliates and their respective
directors, officers and employees shall be liable to another Party or
its Affiliates or any director, officer or employee of such Party or
its Affiliates, for any punitive, specials, or exemplary damages or
consequential, indirect, or incidental damages or lost profits that
arise out of, relate to or are otherwise attributable to the Service
Agreement, even if such Party or its Affiliates or any director,
officer or employee of such Party or its Affiliates has been made aware
of the possibility of such damages or lost profits. THIS SECTION 30
SPECIFICALLY PROTECTS EACH PARTY, ITS AFFILIATES AND THEIR RESPECTIVE
DIRECTORS, OFFICERS AND EMPLOYEES AGAINST SUCH DAMAGES OR LOST PROFITS
EVEN IF WITH RESPECT TO THE NEGLIGENCE, STRICT LIABILITY, OR OTHER
FAULT OR RESPONSIBILITY OF SUCH PARTY, ITS AFFILIATES, AND THEIR
RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES; AND ALL RIGHTS TO RECOVER
SUCH DAMAGES OR PROFITS ARE HEREBY WAIVED AND RELEASED. Nothing
contained in the foregoing shall limit the liability of either Party
to the other Party, if any, for direct damages. Notwithstanding the
foregoing, nothing in this Section 30 shall limit the liability of
either Party to the other Party, if any arising out of gross negligence,
willful misconduct, or bad faith actions.